TOWN OF NEW BOSTON
ZONING BOARD OF ADJUSTMENT
MEETING MINUTES
12/04/06
Approved 12/19/06
Members present: Chairman David Craig, Vice Chairman Harry Piper, Ed DiPietro, Phil Consolini, Bob Todd (all voting) and Laura Todd, clerk.
Minutes from the October 17th and November 21st hearings were approved with corrections by Phil, 2nd by Dave.
Chairman Craig called this portion of the hearing to order @ 8PM. The application is an “Appeal From An Administrative Decision” brought to the board by Dan MacDonald of 101 Tucker Mill Road, concerning the Planning Board approval of the expansion of the New Boston Tavern, 43 Mont Vernon Road, to include a “sports bar” in the building known as Neville Mill Hall.
Chairman Craig asked Planning Board Chairman Peter Hogan to speak to the decision made by his board. Peter said that they viewed it as an expansion but also an allowable use. They did not have a word for every use, so they tried to find the closest word to fit. So in this instance the closest to sports bar was restaurant. The board looked at all aspects; traffic, etc. and the word restaurant fit best. There was a determination that a change of use was not required.
Dan MacDonald spoke to his application, saying that there were three points he wanted to make. (1) this expansion would have an impact on the value of the surrounding properties, (2) that he felt a sports bar was a change of use, (3) this would lead to a big impact on the roads in town.
Chairman Craig asked what actual decision was being appealed and if there were other issues?
Dan MacDonald said the change of use was the issue being appealed. The building went from a preschool to a sports bar. That is a change of use.
Peter Hogan spoke saying they did not look at the specific day care to sports bar, although they did compare the traffic regarding the intersection.
Chairman Craig said that as he read the Planning Board minutes it was obvious the meetings were contentious, and warned that it is not the job of the ZBA to rehash the whole process again. There is a narrow window to deal with the legal issue, which is did the Planning board misinterpret the zoning ordinance.
Dan MacDonald said the basis for his application was there was the business of a daycare, then the use changed to a sports bar. The sports bar will have longer hours until 1AM with bands. He didn’t feel this was an expansion of the restaurant. He also noted that there was not ordinance for a bar in this town.
Chairman Craig asked if the day care was operating under a Special Exception.
Nic Strong, Planning Board Coordinator explained the school was permitted because it was there prior to the 1986 districting.
Dan MacDonald said the school ended at 3PM, the bar will stay open until 1AM, who wants to live next to that.
Chairman Craig asked Dan what was the most worrisome to him.
Dan answered the hours of operation, the traffic, the expansion, the impact on the surrounding area.
Dave Craig asked are you disagreeing with having a bar.
Dan answered that there was no ordinance in this town to have a bar.
Dave Craig asked Dan where the Planning Board overstepped their jurisdiction.
Dan answered one building to another building.
Harry Piper compared this expansion to a farm, with several buildings.
Chairman Craig asked the owners of the tavern if food would be served. Chris and Matt Eggers said yes food would be served in the sports bar, and the only difference from the main restaurant is there would be a pool table.
Harry Piper asked about the liquor license. Matt explained the expansion of the service was covered by their liquor license.
Chairman Craig invited the Eggers to speak.
Chris Eggers said he had prepared a statement, but most of its contents had already been covered. He added that the building had a long history, 20 years as a function hall with music and had always serviced liquor.
Abutter Rosemary Gallagher spoke saying a permitted use from restaurant to sports bar was a stretch. She wondered if it really wasn’t two different businesses and also noted that there was no ordinance for a bar.
Bob asked Dan if he would feel the same way if the sports bar was in the same building as the restaurant.
Dan answered yes.
Abutter John Shay spoke saying it was a leap of faith. He compared this to a veterinary adding a slaughterhouse as an expansion.
Chairman Craig said the board has to draw on common experience. A restaurant/pub to sports bar is same kind of place.
Ed DiPietro said other than the title a pub is a bar.
Harry Piper said we cannot stop legal expansion of business.
Harry Piper moved to uphold the Planning Board decision. 2nd by Phil Consolini, approved unanimously.
Respectfully Submitted
Laura Todd
12/08/06
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